Bail Reduction Hearings

A bail reduction hearing is an application to the court to change the amount of bail. It is a courtroom proceeding run by a defense attorney, decided by a judge, and no bail agency has any part in it. What follows is what the statutes require, what the court weighs, and why nobody outside the courtroom can tell you how it will go.

What the hearing is

Penal Code § 1289 is the authority. After a defendant has been admitted to bail upon an indictment or information, the court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount is increased, the court may order the defendant committed to actual custody unless bail is given in the increased amount. Where the application is made by the defendant for a reduction, notice of the application must be served on the district attorney.

Two things follow. The motion can cut both ways — the same section that permits a reduction permits an increase. And it is adversarial: the prosecution gets notice and is heard.

Who decides

A judge of the court where the charge is pending. Not the jail, not the arresting agency, not a bail agency, and not the bail schedule — the schedule is only the starting point that applies before a judge looks at the case individually.

What the court weighs

Penal Code § 1275(a)(1) sets the core factors. In setting, reducing or denying bail, the judge or magistrate shall take into consideration:

• the protection of the public;
• the seriousness of the offense charged;
• the previous criminal record of the defendant; and
• the probability of the defendant appearing at trial or at a hearing of the case.

The statute then says plainly: public safety shall be the primary consideration. The judge may also consider information in a report prepared under § 1318.1.

Subdivision (a)(2) expands what “seriousness” means. In considering the seriousness of the offense charged, the judge shall include consideration of the alleged injury to the victim; alleged threats to the victim or to a witness to the crime charged; the alleged use of a firearm or other deadly weapon in the commission of the crime charged; and the alleged use or possession of controlled substances by the defendant.

Subdivision (b) adds drug-specific factors where a violation of Health and Safety Code Chapter 6 (commencing with § 11350) is alleged: the alleged amounts of controlled substances involved, and whether the defendant is currently released on bail for another alleged violation of that chapter. See drug charge bail.

The “unusual circumstances” rule on serious and violent felonies

This provision is the reason many reduction motions fail, and it is rarely explained to families.

Penal Code § 1275(c): before a court reduces bail below the amount established by the county bail schedule for a person charged with a serious felony as defined in § 1192.7(c), or a violent felony as defined in § 667.5(c), the court shall make a finding of unusual circumstances and shall set forth those facts on the record. And the statute forecloses the two arguments people most expect to work: for this purpose, “unusual circumstances” does not include the fact that the defendant has made all prior court appearances or has not committed any new offenses.

Where the schedule ends and the judge begins

The county schedule is adopted annually by the superior court judges under Penal Code § 1269b(c), and it is what the jail applies before anyone sees a judge. The reduction hearing is the point at which an individual judge looks at an individual defendant instead.

Penal Code § 1270.1 sits between the two. For the offenses it lists — serious and violent felonies, § 273.5 and § 422 charged as felonies, § 646.9, § 243(e)(1), and § 273.6 with the aggravating facts it describes — a hearing in open court is required before release on an amount either more or less than the schedule, or on own recognizance. The prosecutor and defense get two court days’ written notice, counsel is appointed if the detained person has none, and the hearing happens within the time prescribed by § 825. Where the judge sets an amount different from the schedule, § 1270.1(d) requires the reasons to be stated in the record, and requires the court to address any threats made against a victim or witness.

This is the mechanism behind the delay families experience on domestic violence arrests. It is not a bail agency being slow. It is a statute requiring a hearing.

Ability to pay after In re Humphrey

In In re Humphrey (Supreme Court of California, S247278, decided 25 March 2021), the court held that a court setting financial conditions of release must consider the arrestee’s ability to pay the amount of bail, must consider non-financial conditions of release, and may not detain an arrestee solely because they cannot afford the amount set. Detention requires the court to find that no condition short of detention would suffice.

The decision did not abolish money bail and it did not create an entitlement to a lower figure. What it did was make ability to pay and non-financial alternatives part of what a court must address — which is why these motions are now argued differently than they were before 2021.

Why a bail agent cannot promise a reduction

Because a bail agent has no standing in the proceeding, no ability to file the motion, and no influence over the judge. Anyone who tells you they can get bail lowered is describing something they cannot do.

What we can do is narrower and honest: tell you what the county schedule sets for the charge as booked; tell you whether § 1270.1 requires a hearing before anything can be posted, which sometimes means waiting is the correct move; and post the bond at whatever figure the court ends up setting, at any hour.

Common misunderstandings

• “The hearing is automatic.” It is not. Someone has to bring the motion, with notice to the district attorney.
• “A clean record guarantees a reduction.” On serious and violent felonies, § 1275(c) expressly excludes prior appearances and the absence of new offenses from what counts as unusual circumstances.
• “Only the amount can go down.” Section 1289 also lets the court increase it, and § 1270.1(e) allows an increase above the schedule without a hearing on a sworn peace officer’s declaration of facts under § 1269c.
• “Humphrey means bail is free if you cannot afford it.” It means the court must consider ability to pay and alternatives, and may not detain solely for inability to pay. It is not a discount rule.
• “We should wait for the reduction before doing anything.” Sometimes right, sometimes badly wrong. It depends on the charge, the schedule figure and whether § 1270.1 applies. Ask before you assume.

Official sources

• Penal Code § 1289 — increasing or reducing bail on good cause
• Penal Code § 1275 — factors, and the unusual-circumstances rule in subdivision (c)
• Penal Code § 1270.1 — offenses requiring a hearing in open court
• Penal Code § 1269b — the countywide bail schedule
• In re Humphrey, Supreme Court of California, S247278 (25 March 2021)

Last verified: 17 September 2026. This page explains the statutory framework. It is not legal advice, and whether to bring a motion in a particular case is a question for a defense attorney.

What to do next

If a reduction hearing is being discussed, the person to call is a defense attorney. If you are trying to work out whether to post now or wait for that hearing, call us — we will tell you what the schedule sets, whether a § 1270.1 hearing has to happen first, and what each path realistically costs you in time.

Questions families ask us

Can bail be lowered in California?

Yes. Under Penal Code § 1289 the court in which the charge is pending may, upon good cause shown, reduce the amount of bail, with notice to the district attorney where the defendant applies.

Who can ask for a bail reduction?

The defendant, through counsel. The prosecution can also move to increase bail under the same section.

What does the judge consider?

Under Penal Code § 1275, the protection of the public, the seriousness of the offense charged, the defendant’s previous criminal record, and the probability of appearance — with public safety as the primary consideration.

Can bail be reduced below the county schedule?

For a serious felony under § 1192.7(c) or a violent felony under § 667.5(c), only if the court makes a finding of unusual circumstances and states those facts on the record. The statute says prior court appearances and the absence of new offenses do not, by themselves, qualify.

Can a bail bondsman get bail reduced?

No. A bail agent has no standing in the proceeding and no influence over the decision.

How long does it take?

That depends on the court’s calendar. Where § 1270.1 applies, the hearing is held within the time prescribed by Penal Code § 825, after two court days’ written notice to both sides.

Bail can go up as well as down: PC 1269c and PC 1289

A reduction hearing is the familiar direction, but the law runs both ways.

That is why a family sometimes finds a figure higher than the published schedule: an application under 1269c may already have been granted. See also how enhancements change bail.

What if you simply cannot afford the bail?

This is the most common version of the question, and it has a real answer that does not involve buying anything from us.

Under In re Humphrey (2021) 11 Cal.5th 135, a court must consider a defendant’s ability to pay before setting money bail at an amount that results in detention, and must consider non-financial conditions of release. That is the argument a defence lawyer makes at this hearing. It is not a technicality — it is the central question the court is required to address.

• Ask for appointed counsel. Penal Code 987 requires the court to assign counsel where a defendant cannot employ their own — see how to get a public defender.
• Ask for OR release. Release on a promise to appear, with nothing posted — see own recognizance release.
• Check whether bail applies at all. Most misdemeanours default to release under PC 853.6, and Los Angeles County releases many non-violent arrests before arraignment at $0 bail — see cite and release and LA pre-arraignment release.

If a bond is genuinely the right route, our standard rate is 10%, with 7% available if you qualify and 0% interest payment plans for qualified clients, subject to approval — see payments. And to correct the industry’s most repeated error: California premium rates are filed by each surety with the Department of Insurance, not fixed by statute.

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